Judicial Review and Courts Act 2022

Schedule 2 Criminal procedure: consequential and related amendments

Section 18 Amendments in connection with section 3 1 (1) The Magistrates’ Courts Act 1980 is amended as follows. (2) In section 16A(1) (availability of trial by single justice on the papers)— (a) in paragraph (c), omit the final “and”; (b) after paragraph (d) insert , and (e) the accused has not accepted the automatic online conviction option in respect of the offence. (3) In section 89 (transfer of fines within England and Wales), after subsection (4) insert— (5) When this section applies to a sum payable by virtue of a conviction under section 16H— (a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and (b) the power in subsection (1) may be exercised by any fines officer. (4) In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert— (4) When this section applies to a sum payable by virtue of a conviction under section 16H— (a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and (b) the power in subsection (1) may be exercised by any fines officer. (5) In section 108 (right of appeal to the Crown Court), after subsection (2) insert— (2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b). (6) In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”. 2 In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of birth and sex in written plea of guilty), after paragraph (aa) (but before the final “or”) insert— (ab) gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980), . 3 (1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as set out in sub-paragraphs (2) to (10). (2) In paragraph 1 (application of Schedule)— (a) the existing provision becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A). (3) For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer. (3) In paragraph 2(1) (meaning of “the sum due”), for “1” substitute “1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty”. (4) In paragraph 3(1) (meaning of “existing defaulter”)— (a) in paragraph (c), for “1, or” substitute “1(1),”; (b) in paragraph (d), for “1” substitute “1(1)”; (c) at the end insert , or (e) the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980). (5) After paragraph 10 insert— Application of this Part to person with automatic online conviction 10A This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P. (6) In paragraph 13 (contents of collection orders: general), in sub-paragraph (2), after “P” insert “and a collection order”. (7) In paragraph 21 (application of Part 6)— (a) the existing provision becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980). (3) In the application of this Part in such a case— (a) “collection order” means the notice of conviction and penalty; (b) a reference to the collection order being made is a reference to the notice of conviction and penalty being given; (c) “payment terms” means the requirements as to the time and manner of payment imposed under section 16L(2)(c) of the Magistrates’ Courts Act 1980. (8) In paragraph 25 (application of Part 7)— (a) the existing provision becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980). (9) In paragraph 29 (application of Part 8)— (a) the existing provision becomes sub-paragraph (1); (b) after that sub-paragraph insert— (2) This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))— (a) a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and (b) the attachment of earnings order or application for benefit deductions made under Part 6 fails. (10) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), after sub-paragraph (1) insert— (1A) This paragraph also applies if— (a) a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and (b) paragraph 26 does not apply. (11) In Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), in paragraph 2 (cases where work order may be made), in sub-paragraph (1)(a)(vi), after “Schedule 5” insert “(including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order)”. 4 (1) The Criminal Justice Act 2003 is amended as follows. (2) In section 29 (institution of proceedings by written charge)— (a) for the heading substitute “Instituting proceedings by written charge”; (b) after subsection (2) insert— (2AA) A single justice procedure notice may be issued only if— (a) the offence is a summary offence not punishable with imprisonment, and (b) the person being charged has attained the age of 18, or is not an individual. ; (c) after subsection (2B) insert— (2C) Subsection (2D) applies if— (a) the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and (b) the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980). (2D) The single justice procedure notice must also explain— (a) the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and (b) that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply. (2E) The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b). (3) In section 30 (further provision about institution of proceedings by written charge), in the heading, for “new method” substitute “written charges”. (4) In section 330 (orders and rules), in subsection (1)(c), after “sections” insert “29(2E),”. Amendments in connection with section 11 12 (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where accused sent to the Crown Court for trial) is amended as follows. (2) Omit paragraphs 7 to 13. (3) In paragraph 15— (a) in sub-paragraph (1), for “paragraphs 9 to” substitute “paragraph”; (b) omit sub-paragraphs (3) and (4). 13 In section 122(1) of the Coroners and Justice Act 2009 (“allocation guidelines”)— (a) the words from “decisions” to the end become paragraph (a); (b) in that paragraph, omit the words from “, or the” to “(c. 37),”; (c) after that paragraph insert— (b) decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code. 14 In section 26 of the Sentencing Code (provision about remission by Crown Court)— (a) in the heading, after “youth court” insert “or other magistrates’ court”; (b) in subsection (1), at the end insert “or a magistrates’ court under section 25A”; (c) in subsection (2), after “youth court” insert “or magistrates’ court”; (d) in subsection (3)(b), after “youth court” insert “or magistrates’ court”. Amendments in connection with section 13 16 In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of imprisonment)— (a) in subsection (1), for “6 months” substitute “the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed”; (b) in subsection (2), for “6 months” substitute “the longest term otherwise permitted by subsection (1) (if less than 12 months)”. 17 In section 141(5A) of the Environmental Protection Act 1990 (maximum terms for offences under regulations about waste imports and exports), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”. 18 In section 113(10A) of the Scotland Act 1998 (maximum terms for offences under subordinate legislation under that Act), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”. 19 (1) The Criminal Justice Act 2003 is amended as follows. (2) In section 155(2) (amendment of section 133(1) of the Magistrates’ Courts Act 1980), for ““6 months”” substitute “the words from “the longest” to “being imposed””. (3) In section 283 (power to amend powers to make offences punishable with imprisonment)— (a) in subsection (1)— (i) omit “or (3)”; (ii) omit paragraph (b); (b) omit subsection (3). 20 In section 42 of the Gambling Act 2005 (offence of cheating at gambling)— (a) in subsection (4)(b), for “51 weeks” substitute “the general limit in a magistrates’ court”; (b) in subsection (5), for “51 weeks” substitute “the general limit in a magistrates’ court”. 21 In Part 5 of Schedule 22 to the Sentencing Act 2020 (prospective amendments of the Sentencing Code in relation to custodial sentences)— (a) omit paragraph 24; (b) before paragraph 25 insert— 24A In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.